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Hi, Please see below for details of a suit by Midland Funding that my husband and I are dealing with in NYC. We would not be able to pay the full amount and certainly not the attorney costs on top of it. Based on what I've read, it seems like our best opportunity here is to get them to come to the table and try to settle with us. Any advice for making that happen is much appreciated. In meantime, we have made a discovery request in order to ensure they have proof of their purchase (since I've already read that many times, they do not have it available.)
TY for any advice here.
1. Who is the named plaintiff in the suit?
Midland Funding
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Stephen Einstein & Associates
3. How much are you being sued for?
about $2500
4. Who is the original creditor? (if not the Plaintiff)
Citibank NA
5. How do you know you are being sued? (You were served, right?)
Served.
6. How were you served? (Mail, In person, Notice on door)
In-person
7. Was the service legal as required by your state?
Yes, it appears it was.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None. They sent letters, but we did not respond to any.
9. What state and county do you live in?
New York, NY (NY County)
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
2017
11. When did you open the account (looking to establish what card agreement may be applicable)?
I do not know exactly; probably somewhere between 2005-2008.
12. What is the SOL on the debt? To find out:
6 years, so not a factor here.
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Suit served; answer filed; court date set.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No.
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
No.
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Already filed an answer which was "No business relationship with plaintiff."
No questionnaire received regarding suit.
Charges are that 1) entered into agreement with citibank, 2) incurred charges; no part which has been paid, though duly demanded; defendant owes this amount plus costs of the action.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
The only thing sent was the complaint, which contends that the plaintiff is the purchaser of this agreement. It shows the chain of title as: Citibank NA, then Midland Funding LLC, and states the last date the payment was made on the account, which is not outside the statute of limitations. It also shows the last 4 digits of the account with Citibank.
18. How did you find out about this site?
google
In addition to the above, note that we have sent a discovery request requesting a long list of proof / documents that Midland purchased the account. No response yet, as it was just sent. The first court date is soon.

I received in the mail early this month paperwork regarding a consumer credit collection complaint case being filed against me by collection agency Portfolio Recovery Associates, LLC and I have no idea what to do. Below is what I found when I looked the case up online. What should my next step be??
Viewed
Date
Action Text
Disposition
Image
10/15/2019 7:00 AM DEPT. 33
CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR FILING OF DEFAULT JUDGMENT WITHIN 360 DAYS OF FILING COMPLAINT
04/16/2019 7:00 AM DEPT. 33
CLERK'S TICKLER ON CONSUMER CREDIT COLLECTIONS CASE - CHECK FOR PROOF OF SERVICE FILED WITHIN 180 DAYS OF FILING COMPLAINT
VACATED
12/07/2018
PROOF OF SUBSTITUTED SERVICE OF CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC AS TO *** WITH DECLARATION OF DILIGENCE AND DECLARATION OF MAILING ON 12/04/18 FILED
Not Applicable
11/21/2018
RETURN OF NON SERVICE FILED ON ***. FEE FOR NON SERVICE IS $59.50
Not Applicable
10/17/2018
CASE ENTRY COMPLETED
Not Applicable
10/17/2018
ORIGINAL SUMMONS ON CONSUMER CREDIT COLLECTIONS CMPL (CRC 3.740) FILED 10/17/2018 OF PORTFOLIO RECOVERYASSOCIATES,LLC FILED
Not Applicable
N/A
10/17/2018
COLOR OF FILE: BLUE
Not Applicable
10/17/2018
COMPLAINT FILED; SUMMONS IS ISSUED
Not Applicable
10/17/2018
CASE HAS BEEN ASSIGNED TO DEPT. 33
10/17/2018
PLACED ON CLERK'S TICKLER CALENDAR FOR 4/16/19, AT 7:00 IN DEPT. 33
10/17/2018
PLACED ON CLERK'S TICKLER CALENDAR FOR 10/15/19, AT 7:00 IN DEPT. 33

Hello,
I am being pursued (one letter, one voice mail) by a collection agency in CA called Cedar Financial. The bill is for about $1700 from medical services provider that my adult son must have used. My son and I have been estranged for almost two years (he turned 18 this past April). He lives with his mother in CA while I live in VA outside Wash, DC. Neither he nor his mother (with whom I have been divorced for 4 years) communicate with me. I had no participation in the medical transaction, and know nothing of the services provided. The date of service if from after his 18th birthday. When a minor, his mother had primary custody of him in CA, although we had joint legal custody even though we lived 3000 miles apart.
Obviously the collection agency is having difficulty extracting the money from my ex wife, so they somehow found me in VA and sent me that letter. I called them and told them the circumstances, that is, the estrangement between me and son and ex. I explained to the agency that whatever the circumstances, his mother almost certainly arranged for medical services on behalf of my son. I told the credit agency that I do not intend to pay this bill and don't believe I am obligated to.
The credit agency did not seem to have my ex's contact information. I provided them a PO Box in CA. I communicated to them that I do not know her physical address (ex refuses to tell me where she and son live).
I do provide spousal support for ex, but not son any longer now that he is an adult. I send checks directly to her bank.
Anyway, the agency called me back today. They left a message saying it is important that I return their call. I don't want to return their call as I feel I have no obligation to them.
However, I am not sure what I should do. Do I need to get back to them? I provided the only information to them that I had (the PO box). What is my responsibility and what are my rights here? Can they say I am obligated to pay and therefore make me pay or else destroy my credit?
I would be grateful for any insights. Sorry for the long post, and I look forward to hearing back from people. Thank you!

i have a $1,500 close collection account. the original creditor was verizon wireless, it is indeed my debt so is it necessary to validate the debt or can i just skip ahead to contacting the collection agency requesting a settlement of hopefully 25% or even less of it? i wanted to ask them if they could work with me in hopes that if they honor a affordable settlement will they promise to remove it. i honestly let my family member get service and they basically left me with this ridiculous debt that really hurt my credit. Date of First Delinquency Dec 01, 2013 and here we are May 2017 i still have a long way to go until it goes away and i was going to just wait it out but if i can fix this i surely will. please help with the best way to go about dealing with this. thanks

Hi guys,
I previously posted about two collections I have with PRA regarding credit card debts and was directed to speak a lawyer here in TN. I was given the advice to dispute the collections with the CRAs and once they reply to notify him Well it has been almost five days since I notified him of the results and I have not been given a reply. At this point I feel like trying to fight it is not worth it. I fear getting sued and then not being able to find a attorney to fight it and getting a judgement. Can anyone provide any advice on how I should approach PRA? I have filed a dispute with CFPB and am waiting for the results of that. If the outcome is not favorable then I think I will go ahead and try to settle the matter.
Please tell me how I should go about getting this handled. I am so angry that this company is going to make money off of my financial misfortune.

Hi everyone, I am new to the board and this is my first post. I am looking for some advice on how to proceed with two debts being collected on by Portfolio Recovery Associates. The first debt was originally owned by HSBC before they were bought by Capital One and the account balance is $1,900. The last payment was made sometime during 2013 and was later charged off. The other debt was originally owned by Comenity Bank, the last payment was also in 2013 before it was charged off and the balance is $1,400. I was not aware of what the debts were at first so I sent a debt validation letter to PRA. So far they have "validated" only the Comenity Bank debt by sending me copies of 3 credit card statements, one showing the balance that they are requesting. I am now worried sick that they will attempt to sue me for the debt as I am now trying to rebuild. I have been reading a lot about junk debt buyers, settling, and arbitration but I am unsure as to what steps I need to take next or if I do nothing at all and just wait to see what they do. I'm hoping someone can offer advice on what my options are and what I should do to attempt to protect myself from a judgement being placed on my CR. Any advice? Thank you in advance!

I am a victim of identity theft, and I have reported to the police & FTC. Thanks to the advice given by members on here, I have been able to resolve quite a few fraudulent accounts & collections (approx. 20 to date). There is 1 CA that continues to report fraudulent collections, and they threaten to report more. I have had 7 collections removed that Commonwealth Financial Systems have placed on my credit reports due to failure to verify when disputed with the CRA's. After failing to verify with 1 bureau, they turned around and reported the same collection to another bureau. So they know 1 bureau deleted a collection due to their failure to verify, but they report to another bureau knowing they couldn't verify the collection from the beginning? Is this a violation? They have done this 3 times now, and they threaten 6 more collection that are not mine! I included every collection to date from this company in the police report, and have security freeze with all 3 CRA's to prevent further fraud, but this CA calls my home phone numerous times a day, and they recently started calling my cell phone (I am guessing they got my cell number from the contact information included in the fraud alert statement with all 3 CRA's). They are using an automated system to place the calls to my home phone, but not sure about cell because I haven't answered any of their calls made on there yet. I am just wondering what can be done to stop this without having to continue wasting my time/money disputing & requesting validation when they are 0/7 even verifying with CRA's? Thank you in advance for taking the time to read this, as this site has been a great help to me through all of this.
I forgot to add this info earlier, and not sure if it makes a difference or not. I disputed most of the collections reported by CFSI prior to having ID theft complaint/police report completed, but all of the fraudulent debts they reported were included in the complaint. They reported 1 of the collections that had been deleted from 1 CRA already to another CRA after filing the report. I disputed it again with this CRA (EX), and included a copy of the police report. I have not contacted CFSI directly because they have yet to verify anything they have ever reported on my credit. I know the suggested method is to notify the CA, send them a copy of the ID theft complaint/report, but I have not done this to protect my personal info that they hopefully don't already have. There is ALOT of information in the report (approx 73 pages total once the police completed their actual report), including bank account info, license #, etc., that I am not comfortable giving a CA which has disregarded the law and my rights. They have reported nothing other than fraudulent debt/collections, and they are fully aware of what they are doing. Am I still obligated to provide the report to them? Would the CRA provide them with a copy since it is supporting documentation for dispute? Or do they just inform them that the account is a result of ID theft, then block/delete it? As far as the debts they are threatening to report, the freeze should prevent for now, but considering filing a complaint to resolve permanently.
Also, I do not have an attorney because I have been able to resolve most of the fraud with the help of this site, info on government sites, and the help of local police. If I need to take legal action against a CA, then I will retain one.

Hi Everyone,
This is my first post. I've done some research on the site, but wanted to get some feedback on my specific situation. I purchased a home with my wife in Palm Beach county, FL, in October 2015. We have two HOA's that manage our community. We found out in March of 2016, that there were back due HOA fees from the prior owner (this hadn't been revealed to us in closing), and in contacting the title company, found that they had been communicating with the collections agency that was managing the accounts. The title company sent us their correspondence, as well as the estoppels and signed checks. However, we discovered that the collections agency stated that the checks for the estoppels were never mailed, and that the accounts remained in collections. We also discovered that we were never given our account information or a way to make HOA payments. Having never received a bill or request for payment from anyone until a quarterly HOA fee came up with no way to make payment, we were surprised. We have been contacted by two collections agencies representing the HOA's, stating that we are owing roughly $18k on the accounts, dating back to 2013. Subsequently, the collections agencies I believe failed to follow the FDCPA. On one letter they state that we have 45 days to dispute or request validation before they place a lien on our home, although my understanding is that I have 30 days to send out a DV letter. As for a timeline, we were first given an itemized listing of the accounts in April, and sent a DV letter shortly after. They have not responded. For the second collections agency, we received that letter on the 7th of July, and responded with a DV letter on the 8th. We sent duplicate letters to the Title Company and the HOA regarding this situation, but have not received anything back. We are working with an attorney, who is taking the approach of let's ask questions first and do surgery later, if needed. However, my concern is that this has been going on for nearly half a year and we would like this over and done with.
I would appreciate your feedback on our situation and your thoughts on how to move forward with this!

Not sure what the correct group to post this is because it could go anywhere.... I'll apologize in advance for being overly wordy(i ramble lol). Ok, So here's the details: I'm 31 years old, had great credit in my early 20s, then got involved with substance abuse - long story short got addicted to pain medication thanks to an injury as a result from an accident and ended up being a straight up "junkie" - vehicle ended up repod, got divorced, racked up some CC debts, various cable bills/cell phone plans, a major hospital bill, and other debts, and basically skipped out on all of em for years. The Happy ending to my story is I'm almost 3 years clean, Have a good job now, Have a car which I've made on time payments on for just under a year, checking account/savings account, and have started the very long process of trying to dig my way out of the hole I've dug by trying to pay off some of my debts by negotiating settlements with CAs and paying lump sums(best deal I've managed to negotiate so far is $287 of a $787 debt). The bad part is that while I've [aid off a few things I'm still ridiculously deep in debt(If I include student loans which I know I'm never going to be able to ditchI'm probably $40k+ in debt, without student loans It's probably 18-20k). My credit score sucks ****(score is 561 according to experian). The majority of my debt's last date of any pmt was 2011-2012(I think I have 2 cell plans going into collections in 2013/14). I don't want to spend 7 more years dealing with no ability to qualify for a Credit card or get an apartment if I declare bankruptcy(although ironically while my credit history with virtually every other service became toxic, as far as apartment rental history goes I have almost 7 years of good standing/lease fulfilled in that regard) nor do I want to suddenly force the burden of repaying my student loans(have both private and federal ones) onto my parents who co-signed them. From what I've been reading the Debt consolidation services out there seem to not actually help my credit score(although it can't get much worse). I've been offered a secured card through a couple of the companies who I have settled debts with as well as USAA, and I'm thinking about opening up at least one with the hopes that They might help rebuild my score(Idk for sure about the CA settlement one, but I know the USAA one stated if I kept a good pymt history they would eventually change the card into and unsecured one, and whatever amount I initially put up would be put into a CD so I'd receive interest during the 2 years it was my "collateral" for the card. My question is what should I do to resuscitate my credit score? Should I go /w the secured cards to open up additional positive lines of credit, or will they end up not doing anything? Continue trying to contact the various CA's that have contacted me(plenty of the debts I haven't heard a peep from in years but just show up on my CR) and keep trying to negotiating settlements myself and paying them off, or go through one of the Debt consolidators? Just wait everything out for another 3 years and accept that I won't be able to get an apartment by myself? Or do I go /w the nuclear option and hit the bankruptcy button? If y'all need to move this topic somewhere else that's fine, I wasn't really sure where it fit best, but figured since I'm focusing on repairing my credit worthiness this thread might be best. Thanks in advance to anyone who can help!
Just to summarize:
Current Age:31
Current state of residence: TX
Debts:40k+(16-20k student loans, 18-20k credit cards/medical/other)
Credit score(561)
Employed full time, has checking account, savings, Direct deposit, active vehicle loan /insurance /w current pmt history

I'm attempting to clean up my debt rather than declare Bk, and I recently pulled my credit report and found an that a CA is reporting an old debt as current almost monthly. The date of my last payment was in 1/2010. The debt originated at a sporting goods store in Montana where I applied for a credit card. I was in Montana on a temporary work assignment, but lived in Arizona. I have since moved to North Carolina. The SOL in each state is as follows: Arizona (Where I lived at the time I got the card): 6 years (Changed in 2011), but was 3 when I entered into the contract (2009), as well as when I made my last payment and the debt became delinquent (2010). Montana (Where I opened the card): 5 years North Carolina (Where I currently live): 3 years Nebraska (Location of the original Creditor): 4 years What should I do about the continued reporting as current by this CA, (I looked but couldn't locate a letter to send)? Which state holds the SOL? If it is Arizona, did the new statute automatically supersede the prior and now make the SOL 6 years on my debt? Should I send a validation letter? Thanks in advance!

Hello all, I had medications on May 2014 and it was supposed to be covered by workers compensation as sprained my ankle at work. I also had my personal health insurance on file. After receiving medications, i had to move out from the address (was in that address until August 2014 - not received a single bill or notification about anything). On April 24 2015, i ran a credit report check and found that there is a collection account for an $xxx amount which was initially reported in Feb 2015. So i called in the CA to get the break-up of the bill & they said the medical debt has been assigned to them from the OC and they don't have any bills or statements. So i called in the OC and they were aware of what happened, saying that the bills returned to them saying undeliverable and that's the reason they turned it to CA after 6 months. I told, the workers comp insurer should have paid, apparently i did not know any of these cuz i changed the address and the claim results, bills were all sent to my old address. Anyways, i called the respective accounting/billing person of the OC, questioned her if the debt has been assigned or sold to CA, she said assigned, then explained what happened and willing to resolve it sooner by paying the debt in full & in-turn want the collection listing on my credit report to be removed. She accepted immediately and said "i will inform the CA to put a hold onto this account and will tell them not to call or disturb you on this." I said, ty, please send the agreement to me in mail and gave her my current address and i can . She told, "it won't be like an agreement or sorta like that". I was like, but i want the listing to be removed, anyways, mail me the document first then. *What kind of document should i expect.? like an agreement or contract or just a document.? *should i call her and record the conversation (informing her prior). I live in KS state by the way. Not sure if i can and will it work? *I will update the document once i receive it from them. Nothing has been finalized in writing, guide me if you have a better way, please put in your inputs which will be really effective for me to handle this situation. Thank you all for your time.

Hi I am new here and I have tried looking for anything that has to do with the NYC Marshals but to no avail. Hoping someone can help me in my situation which is: I'm a single middle aged woman who lives alone in NYC and works a not so great paying job. Just recently last week the marshal started garnishing my wages. They are taking 10%of my gross which comes to be about $97. Working a new job that i just started in December 2014, that pays $12/hour. With my pre-tax medical and 401 taken out I'm coming home with a $600 check every 2 weeks. I have finally said to myself I have to pay off all my debts! I have been thinking of going the debt consolidation route. Any which way the other day I gathered what ever bills/statements/collection agency notices I could find. I even called up 2 CC companies to see exactly what I owed and if those debts where sold and if so, to whom. Then I did some math from what info I had gathered. My question is this: Is there a way for me to pay the debt collector that paid the marshal? Instead of me paying the Marshal? I guess eliminating the third person? If I do debt consolidation can the garnishment also be included in that consolidation? Now this is what my expenses look like: I live paycheck to paycheck I don't have a savings account and I barely have above $150 in my checking paycheck every 2 weeks $600 Rent is $760 Metro card (form of transportation) is $116 month electricity is $70 month Phone $80 month food varies I can spend up to $100 month so this leaves me literally with $74 for the month!! How do I even pay off debt with this?! City Marshall I owe $3000 They are taking out 10% of my gross pay every 2 weeks. Total owed on cards $10,686.96 I still need to call 3 other card companies to see what my debt is with them... but guesstimating I would say this total would be around $2,500-$3000. What can I do? I have been seeing some of the forums on here stating that consolidation is a ripoff. How else can I have this debt off my back with only having $74 available per month? I would be ever so grateful for any help!! Thanks

I pulled my credit report and saw that Verizon has placed that I owe them $395 from when I left them in April 2013. It was a surprise to me; I thought I had paid them in full. I can't find records of where I did pay them, so, perhaps I do owe the money. I haven't had a blemish on my credit for a long, long time. This is the only bad thing on my report in 7 years. I don't recall owing them this much; I believe it was $325 when I closed the account and I thought I paid it. Never the less, if I'm wrong ,and I did owe them and didn't pay it, I never got any notice of it before now! I haven't moved since I closed the account either, and my phone number hasn't changed. But I digress.... Here's the situation. I called Verzon because the report on all three reports say "verizon wireless" and the status says "In collections", but it doesn't say with who. Verizon told me that it is with CBE group. I did some reading on this website before I called verizon, so I had some idea of what I was trying to gather information wise. The representative in Verizon's "collections/disputes" department told me she could no longer see any details of the account, only that I had an account and that I owed $395. She could not see why I owed this amount, could not take any payments from me, could not send me any copies of statements and could not send me anything that would validate that I owe that amount. At this point, she said, they handed it off to CBE group, and that they would handle everything from here. I called CBE group, the number she gave me. CBE group looked up my name, my ssn and the account number Verizon gave me. They can not find me. They stated they have no account for me, they show no record of ever having an account for me. How do I remove this from my report, then? I forsee the following problem. If I dispute it through the CRA's, they contact verizon - as the account is listed on my report as Verizon wireless, not CBE group, and verizon "verifies" the debt. If I dispute with CBE, they will say they don't have any record, but when I send this to the CRA, the CRA's will say, well, that's fine but the debt is from Verizon, not CBE. If I send it to verizon, verizon will say talk to CBE. It also looks like the validation letters and process are not for the orginal creditor to validate, but for collection agencies only. I don't know what to do from here. HELP!?!

Hi, I fell behind in court ordered payments to a collection agency. I called this collection agency to see if I could pay all I owe them now at this point in time to bring the account current, only to find that since the last time I had paid this collection agency, they had transferred my account to another collection agency! I have not received any notification that this transfer had taken place. I have not received any late notices on payments, nothing regarding this matter from this current collection agency holding this debt. This has been since 10 months ago. What do I do now? What can I do at this point in time?

Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.

Okay, in 2010 I left an apartment and the apartment complex alleged that I had $300 worth of damages. Before I could pay the amount in full it was placed with a collection agency- National Credit Systems. I made automatic draft payment arrangement with them and I believe that the full amount was satisfied. Years later I noticed an entry on my credit report for a balance of $160. I disputed but it came back verified. I don't then nor now believe that this money is owed. I contacted the original creditor and they sent me something in writing as well as left a voicemail saying that this debt was paid in full. I then sent this info to the credit bureau and disputed the entry. AGAIN, it came back "verified". I contacted the original creditor and they contacted National Credit Systems. The collection agency is telling them that I still owe a balance per their records. The original creditor said they are going to re-review their records on Monday (today is Friday). I'm so frustrated. I don't care about the dang money. I just want this off of my credit report. National Credit Systems claims that they "don't do" credit report deletions at all. What can I do? I'm tempted to take this matter to small claims court although I'm not entirely sure I could prevail. Any ideas??? I really need a deletion.

Last month I made a written offer to settle a debt claimed that I owe by Credit Control, a collection agency acting on behalf of JH Portfolio Debt Equities, a JDB that had apparently purchased debt from a charged off Chase account. I received a response in writing from Credit Control stating that they were authorized to agree to my offer and that once my payments were complete, the account would be settled in full. They also sent me the complete agreed upon payment schedule and stated that my first payment must be received "on or before" November 29th by check, check by phone, debit or credit card by phone. As it was already close to that date by the time I received their response letter, and also a holiday week, I opted to make the first payment by phone and not trust the mail to deliver the first payment on time. I called to make the payment at around 10am on the 29th, (thinking that this would satisfy the "ON or before" due date that they had stated in their letter) and I was told that JH Portfolio had reclaimed the account and placed it with another agency. Is that even legal? Before the due date of the first agreed upon payment had even passed? A week later I receive a letter from a new collection agency, Alpha Recovery Group, requesting that I pay the original amount in full (what happened to the reduced amount that Credit Control had agreed to?). Alpha Recovery's letter was dated November 29th, again showing that this account was placed with them before the due date of the first payment per the previous agreement had even passed. Very confused, and this all seems more than a little shady to me. Not sure what my next step should be. Validation letter? Sit back and wait for them to sue me so I can submit this info to the court? I don't really see the point in trying to negotiate a settlement again if they're just going to accept and then renege before the ink is even dry on the agreement.

I am posting for a co-worker. She was in the hospital for kidney infection while pregenant. The bill was $28,000 and insurance only covered 90%. She tried to work it out with the Hospital but they got rid of the Debt and now PISA is sending her the bill. They called her and told her that they were collecting the debt and she needed to pay it off immediatly. They also informed her that she could just use her Credit card that has $XXXXX creidt available on it. She told them no and has sent off at least 2 $100 checks to them. I informed her to stop what she was doing and I would get her some help on this. My main question is did they pull her Credit illegally to gain the info on her credit card and its limit? She is going to be pulling her reports in the beggining of June to see what they are reporting. I told her to see if there was an Inquiry from this CA. I have also directed her to this site and am trying to give her a hand on getting this sorted out. What would yall sugest she do in the terms of letters being sent off? Thanks, Dwright19

okay heres a fun one. I had one account with midland funding in arbitration and one account with MCM that had sat for 3 years that I disputed and tried to get removed via the CRA's and directly with them. MCM never responded to my dv requests. I applied for a mortgage but got denied till I got rid of the above "collection" accounts I sat on it for a day and decided to settle. Needed the house and couldn't afford to sit through Oregon's laughable arbitration (since it was after my closing date ) just so I could go back to court again. I settled with Midland funding for 1/7 of the total. I called and settled with MCM for 1/2 of the total. In neither case do I admit to oweing the debt just that I had to pay them off to get my mortgage. wait for it...... yep just got 2 1099 c's from midland funding. one for each account and the amount of debt discharged is screwy on both of them. The information I have been finding on the boards is all over the map. file this form, write a hand written note, declare insolvency, sacrifice a goat on a full moon in July....etc..etc... Is there a clear, concise direction in this forum or elsewhere as to what my options are in this matter? To keep it focused lets forget the insolvency route wouldnt work in my case. thanks

Another Law Firm, Weltman, Weinberg & Reis is attempting to collect on a repossessed RV with the original creditor being US Bank. This is the 3rd attempt to collect on the debt, dating back to June, 2009. The debt has been charged off per my credit report. The type of contract was a "Retail Installment Sale Contract." I live in California and I believe the SOL is 4 years from the last payment, which was June, 2008. I have followed the Debt Validation strategy for the previous two attempts and the CA's ceased attempts to collect. For the current CA, I sent the initial DV letter and they acknowledged receipt of it and sent to me a letter (via non certified mail), despite the letter demanding that all future correspondence be made via certified mail. This letter only contained a copy of the Retail Installment Sale Contract and nothing else. There was no referencing to the SOL or any other references as are asked for in the 1st DV letter nor was there any required action on my part. I am tempted to send my 2nd DV letter indicating that it has been 30 days since my first letter was received and there has been no correspondence via Certified Mail as the letter demanded. How should I finally address the SOL matter. Have the SOLs on this particular contract expired? And if so, at what point and what correspondence do I send them to let them know that this is now Zombie Debt? What is the best course of action?

Hi, This is the first time I have posted here. I had a debt turned over to a collection agency called CPS Security in San Antonio. The debt is for some purchases made on the easy pay type plans offered by shopping channels, where they bill your credit card each month for x number of payments. Due to just about everything in my life going wrong all at the same time, suddenly out of the blue, starting with a car wreck and going way down hill from there, my credit card became maxed out and my savings were depleted so when they attempted to make the future payments these were declined. Please don't lecture me, I feel bad enough about this, and I'm not kidding I am on the edge. I will have the money to pay them off completely by early July, and in the meantime I would like to send smaller payments each month to show I am serious and intend to pay this in full, but it is completely impossible for me to pay off the full balance now, I do not have it anywhere and I cannot get it in any way unless I kill myself and make them the beneficiary of the small life insurance policy I have (and no, I am not even thinking about doing that, a loan is out of the question, and I don't own a home or car or anything of value I could sell, and I can't go out and get a part time job as I am sole caregiver of an elderly parent). I sent them one payment with a letter explaining I could only make small payments for a couple of months but would have this paid in full by July, and they credited the payment to the balance but ignored the letter. They refuse to work with me. If I call them they are rude, they hang up, they threaten me with court, and send me these letters in all caps on yellow paper in the mail, they just sent one that says FINAL NOTICE that I have ignored them and threatening a lawsuit. I am terrified of going to court, I am very shy, anxious person so the idea of standing up in front of a judge and lawyers scares me to death and I don't have any friends to lean on for support or the money for an attorney and because it is a debt from a shopping tv channel I am afraid it will be even worse, that they will be mean and awful to me in court. If everything hadn't gone so wrong so out of the blue these would have been paid in full on time. I'm sorry and I want to make this right as soon as I can. I have even called the original creditor and explained and told them how the collection agency is, rude and hanging up and threatening and shouting, but they say I have to deal with the collection agency its out of their hands. If they do take me to court it won't change my financial situation, it's not like the money is going to miraculous materialize and save me from having to go, I won't have it before the end of June. It seems to me if they would only take small payments and just wait a couple of months that would be easier and cheaper on everyone involved instead of dragging this into court, but I can't talk to them. If anyone else here has had any success dealing with this agency, CPS Security in San Antonio Texas please let me know any advice or help would be greatly appreciated. Thank you and I'm sorry I'm so emotional.

Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,

Hi, i'm new to this forum and i'm in desperate need of help! I've been served by the Main Street Acquisition Corp who's predecessor in interest is HSBC Bank Nevada.The summons was filed by Nelson & Kennard, Robert Scott Kennard, S.B.N. 117017 who is representing Main Street Acquisition. I've researched online about Main Street Acquisition and they are a collection agency that buys debt and sues the people. I searched online on how to respond to the summons and read articles saying to write a letter (below is the letter I wrote to respond to the summons) to request for documentations to prove what I allegedly owe and how MSA came up with the amount that I allegedly owe. I also read online that a lot of people saying that they won just by responding to the summons by writing the Request to Validate a Debt. I went to the court clerk to file a response, but the clerk said that my letter is not valid and they don't accept it. She said I needed to file legal papers. They said I need to hire an attorney and file the same paperwork as the summons I receieved. I do not know what to do, I am being sued for $1,261. Can someone or a lawyer please help me out?? It would be greatly appreciated!!! 1. Should I just call the Main Street Acquisition Corp and pay off the debt? If I call the plaintiffs attorney to pay off (the summon only has the attorney info and no info for Main Street Acquisition), do I need to somehow respond to the summons with the court? Can anyone help me explaining this process? 2. Is it true that the letter I wrote is not valid to respond to the summons? Do I have to hire an attorney to file the response? How come the internet, people wrote that they were able to reply by only mailing a Request for Debt Validation letter? 3. Is there any other way to beat this without hiring a lawyer? LETTER I WROTE TO RESPOND: DEFENDANT: name address PLAINTIFF: name address Re: To Whom It May Concern: I am sending this letter to you in response to a summons I received from you on date. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: Provide copies of all documents or correspondences of what the money you say I owe is for; Explain and provide all documents or correspondence to show me how you calculated what you say I owe; Provide copies of all documents or correspondences that show I agreed to pay what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor; Any and all copies of documents or correspondence from the Defendant to Plaintiffs predecessor in interest regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from Plaintiffs predecessor in interest to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Defendant to the Plaintiff regarding the HSBC Bank Nevada, N.A. charge account Any and all copies of documents or correspondence from the Plaintiff to the Defendant regarding the HSBC Bank Nevada, N.A. charge account Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; and Provide me with your license numbers and Registered Agent.If your offices have reported invalidated information to any of the three major Credit Bureau's (Equifax, Experian or TransUnion), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of CharacterIf your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. This is an attempt to correct your records, any information obtained shall be used for that purpose. Best Regards,

Here's my situation. I have a Florida CA reporting negatively on my Credit Report since 6/2008. On the actual TL, it says the Creditor Name is: COLLECTIONS. Next it says the Original Creditor is: COLLECTIONS Here's what it looks like: Collection Accounts: Accounts seriously past due Creditor Name: COLLECTION Account NO.: 158**** Original Creditor: COLLECTION Responsibility: Joint Condition: Derogatory Original Balance: $1565 Balance: $1565 Date Opened: 06/12/2008 Date Reported: 12/23/2012 Remarks: Account information disputed by consumer, meets FCRA requirements Elsewhere on my Credit Report it lists contact information for a creditor called: NCC Business Services (FL) From a Credit Report I pulled a few years ago, I know the name of the OC is - Waters Edge Apartments. The CA is and was - NCC Business Services. It's weird that the OC has been removed from my credit report entirely. They aren't listed anywhere whatsoever. But now called: COLLECTIONS. What I'm wondering is - is this a violation of the FDCPA and / or FCRA because it's confusing and misleading. This debt stems from a misunderstanding when I vacated an apartment. I gave proper notice to a woman who either quit or was fired the following week. Of course, the apartment complex claims they 'never got it' so I allegedly violated the lease... Hence the charges: $1565 This is a joint account - I had a room mate when I lived there. This is on their CR too. Thanks for any help in advance.... I disputed it a few years ago, before I found out about this forum, and did it electronically, not by CMRRR. (I know, a bad idea)